Mo. court overturns conviction in 1990 farm death

The Missouri Supreme Court on Tuesday overturned the murder conviction of a man who had been sentenced to life in prison for the 1990 slaying of a neighboring farmer, ruling that prosecutors withheld evidence that may have benefited his defense.

The state's high court ordered Mark Woodworth released within 60 days of when its ruling is finalized, unless prosecutors decide to retry him. Woodworth was convicted of fatally shooting Catherine Robertson and wounding her husband, Lyndel Robertson, as they slept in their home near Chillicothe, about 90 miles north of Kansas City.

Woodworth, whose father farmed with the Robertsons, was 16 at the time of their deaths. He was convicted first in 1995 and, after briefly being released on appeal, was convicted by a second jury four years later.

But Woodworth's attorney argued in his latest appeal that the conviction was "tainted" by prosecutors' failure to turn over evidence, including copies of letters between a Livingston County judge, prosecutors and Lyndal Robertson that could have cast doubt on Woodworth's guilt.

From his hospital bed, Lyndel Robertson initially identified his oldest daughter's ex-boyfriend -- not Woodworth -- as the likely shooter, according to court records. But Robertson later testified that he named the ex-boyfriend -- who has denied involvement -- only as a possible suspect.

The Supreme Court's decision follows a recommendation made last May by Boone County Circuit Judge Gary Oxenhandler that Woodworth's conviction be set aside. Oxenhandler had described Woodworth as a victim of "a manifest injustice."

The attorney general's office had no immediate comment about Tuesday's Supreme Court decision. But Woodworth greeted it with great joy. Attorney Bob Ramsey says he was on the phone with Woodworth when the Supreme Court announced its decision. He says Woodworth reacted by saying "All right!" and "awesome."

Rhonda Robertson Oesch released the following statement on behalf of her family.

"While the criminal justice system has failed Cathy Robertson, we as a family will continue to pursue justice on her behalf. Twenty four jurors and more than a dozen Missouri Appellate Court judges believed Mark Woodworth was properly convicted of murder, and so do we."

"In 1990, our mother Cathy Robertson was brutally murdered and our father Lyndel was critically injured by Mark Woodworth. In 1995, a jury convicted Woodworth of murder. In 1999, a second jury convicted Woodworth again. We have every confidence that when the evidence is presented to a new jury, they too will convict Mark Woodworth of murder."

"In 2012, my family met with Attorney General Christ Koster to discuss this case. At that time, he committed to retry Mark Woodworth for murder in the event Mark Woodworth was granted a new trial. I spoke to his office today, and Mr. Koster stands by his commitment to ensure justice is served on behalf of Cathy Robertson. We are grateful for his courage to see that Mark Woodworth is held accountable for murdering our mother."

"It is also important to note that Mark Woodworth was not exonerated in this court opinion."

"If the Missouri Supreme Court believed Mark Woodworth was innocent, he would have been exonerated. His sentence was vacated because of an alleged technical error. That is not justice."

"Throughout this case, Mark Woodworth has failed to prove anything other than a keen ability to blame and disparage the reputations of every judge, law enforcement officer, prosecutor, defense attorney, juror and Robertson family member associated with this case."

"Since 1990, our family has lived through a nightmare caused by Mark Woodworth. We will stand strong and united in the next phase of this tragic situation. We have faith in the Attorney General’s Office and in the future jurors who will again review the evidence against Mark Woodworth."

Copyright 2013 by KMBC.com and The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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